Hermanussen v Brisbane City Council

The case of Hermanussen v Brisbane City Council concerns the classification of a dog, Zeus, as either dangerous or menacing under the Animal Management (Cats and Dogs) Act 2008. Ferris Frances Hermanussen, the owner of Zeus, sought a review of the Brisbane City Council's decision to declare her dog dangerous, arguing instead for a classification as menacing. The dispute was heard by the Queensland Civil and Administrative Tribunal (QCAT) with Susan Gardiner as the presiding member.

The central legal issue before the Tribunal was whether the dog Zeus had seriously attacked a person, thus warranting a declaration of dangerousness under Section 89 of the Act, or whether a lesser classification as menacing was appropriate. This distinction hinges on whether the attack resulted in bodily harm, grievous bodily harm, or death, as outlined in the Act. The Tribunal had to consider the circumstances surrounding the alleged attack, the dog's behavior, and the evidence provided by both parties.

The Tribunal concluded that while Zeus did bite Mr. Terry Boyle, causing bodily harm, the attack was not of a severity to classify the dog as dangerous. The Tribunal found that Zeus acted in a protective manner towards his owner, Mrs. Hermanussen, during a heated exchange with Mr. Boyle. Furthermore, the Tribunal noted that Zeus had been provoked and was not adequately controlled by Mrs. Hermanussen during the incident. Given the dog's age, medical conditions, and generally placid nature, the Tribunal decided that a declaration of menacing was more appropriate. This classification would ensure that Zeus is controlled in public spaces without necessitating a muzzle, thereby avoiding severe repercussions for another incident.

Accordingly, the Tribunal set aside the Council's decision to declare Zeus a dangerous dog and instead declared him a menacing dog under Section 89 of the Animal Management (Cats and Dogs) Act 2008.